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Though a state may not be able to compel public-school attendance and thereby preclude private schools, “[n]o question is raised concerning the
racism” and observing that the “déjà vu regularity of all those low-hanging N-words would suggest that stigmatizing individuals is not much of a
1010 TH E Y AL E LAW JOUR N AL FORUM M A R C H 1 , 2 0 2 2 Depolarizing the COVID Vaccine Passport Sebastián Guidi, Alessandro Romano
907 TH E Y AL E LAW JOUR N AL FORUM F E B R U A R Y 1 8 , 2 0 2 2 Depolarizing the COVID Vaccine Passport Sebastián Guidi, Alessandro
a party in opposition could legitimately be termed loyal. Johnson, supra note 1, at 489 & n.4. Over time it evolved into an institutionalized system
We bracket these considerations. 41. Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398, 415 n.17 (1964), superseded by statute, Foreign Assistance
costs were not quantified,” and that cost-benefit analysis “can camouflage the effects of rulemaking, rather than discipline it”); Jeffrey N. Gordon
wrote that “[n]early 50 years later, things have changed dramatically. ‘Blatantly discriminatory evasions of federal decrees are rare. And minority
ended up doing less with less.”). 42. Green, supra note 38, at 175; see also id. at 175 n.8 (“In Canadian dollar terms, Pershing calcu- lated it made
to do.’”). 78. Santa Clara II at 1206. 79. Id. 80. City of Seattle v. Trump, No. 17-497-RAJ, 2017 WL 4700144, at *5 n.3 (W.D. Wash. Oct. 19, 2017